 | Charles W. Langdon - 1870 - 858 páginas
...or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the action,, and arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth in the complaint or answer, as the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1870 - 764 páginas
...would seem to be_ clearly within the statute, and must be allowed ; but if the latter, then it is not a cause of action arising out of the contract or transaction set forth as the foundation of the plaintiff's claim, nor connected with the subject of the action, and must... | |
 | 1883 - 548 páginas
...evict ¡ou averred in the answer. Assuming that defendant has a cause of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, nor is it connected with the subject of the action, nor is it a... | |
 | Nathan Howard (Jr.) - 1871 - 704 páginas
...defendant is the owner (Lafarge agt. Kclsey, 1 Bosw., 171), provided, however, such claim is founded upon a cause of action arising out of the contract or transaction set forth in the complaint, or is connected with the subject of the action. (Code, $ 150, subd. 1.) Formerly the rule was that... | |
 | United States. Congress. Senate - 1871 - 1256 páginas
...or plaintiff, and against a plaintiff or defendant between whom a several judgment might be had in the action, and arising out of one of the following causes of action: 1st. A cause of action arising out of the transaction set forth in the complaint »: answer as the... | |
 | California - 1872 - 774 páginas
...existing in favor of à defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following...causes of action : 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 páginas
...de- jj»™ to be fendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following...causes of action: 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected... | |
 | California - 1872 - 892 páginas
...counter claim against the plaintiff. The cause of action set forth in the counter claim must arise either out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, as in case of independent covenants in a deed; or it must be connected with the subject of the action,... | |
 | Austin Abbott - 1872 - 576 páginas
...Procedure, allowing defendant, in any action, to set up a counter-claim, proTided it be founded on a cause of action arising out of the contract or transaction set forth in the complaint, or be connected with tht subject of the action, — is not to be construed as authorizing a defendant,... | |
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A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. 
